Pwyllgor Materion Cyfansoddiadol a Deddfwriaethol

Constitutional and Legislative Affairs Committee


Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Carwyn Jones AM
Dai Lloyd AM
Mick Antoniw AM Cadeirydd y Pwyllgor
Committee Chair
Suzy Davies AM

Swyddogion y Senedd a oedd yn bresennol

Senedd Officials in Attendance

Rachael Davies Dirprwy Glerc
Deputy Clerk
Rhiannon Lewis Cynghorydd Cyfreithiol
Legal Adviser
Sarah Sargent Ail Glerc
Second Clerk

Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Lle mae cyfranwyr wedi darparu cywiriadau i’w tystiolaeth, nodir y rheini yn y trawsgrifiad.

The proceedings are reported in the language in which they were spoken in the committee. In addition, a transcription of the simultaneous interpretation is included. Where contributors have supplied corrections to their evidence, these are noted in the transcript.

Dechreuodd y cyfarfod am 14:30.

The meeting began at 14:30.

1. Cyflwyniad, ymddiheuriadau, dirprwyon a datganiadau o fuddiant
1. Introduction, apologies, substitutions and declarations of interest

This is a meeting of the Constitutional and Legislative Affairs Committee. We move straight on to item 1. I don't know if there are any declarations of interest. Also, the usual housekeeping rules will apply. We've received no apologies for today.

2. Offerynnau nad ydynt yn cynnwys unrhyw faterion i’w codi o dan Reol Sefydlog 21.2 neu 21.3
2. Instruments that raise no reporting issues under Standing Order 21.2 or 21.3

In those circumstances, we'll move straight on to item No. 2: statutory instruments with clear reports. We have the Rural Affairs and Environment (Miscellaneous Amendments) (Wales) Regulations 2019. These regulations amend three items of subordinate legislation relating to environmental protection and food. The regulations insert new provisions requiring enforcing authorities to notify the Welsh Ministers of relevant environmental damage as soon as reasonably practicable after serving notification on a responsible operator under regulation 18 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009. The regulations also amend earlier regulations relating to eggs and chicks, and poultry meat, to ensure they are up to date and accurate in relation to the current marketing standards. Are there any comments or observations on that?

3. Offerynnau sy’n cynnwys materion i gyflwyno adroddiad arnynt i'r Cynulliad o dan Reol Sefydlog 21.2 neu 21.3
3. Instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3

In which case, we move on to item 3. We're on to the Genetically Modified Organisms (Deliberate Release) (Amendment) (Wales) (Amendment) Regulations 2019. And you have before you a report, a copy of the regulations, the explanatory memorandum and a letter from the Minister for Finance and Trefnydd of 28 October 2019. 

These regulations amend the Genetically Modified Organisms (Deliberate Release) (Amendment) (Wales) Regulations 2019 in order to correct an incorrect cross-reference, make minor amendments to the Welsh text, and effect equivalence between the English and Welsh text. These amendments and changes are as a result of our committee report of 16 October, where we drew these to the attention of Welsh Government. Any comments or observations?

Yes. On the merits point, there's a report on pack page 2. It notes a breach of the 21-day rule in introducing these regulations. The letter to the Llywydd, which is on pages 12 and 13 of the pack, gives the two reasons for this. Firstly, the regulations are made under section 2(2) of the European Communities Act 1972 and, at the time the regulations were made, exit day was expected to be 31 October, and so there was some urgency in making the regulations before the power to do so would no longer be available. 

And secondly, the Genetically Modified Organisms (Deliberate Release) (Amendment) (Wales) Regulations 2019, which are being amended, came into force on 30 October. As the Chair has just said, the committee reported on those regulations on 16 October 2019. By 28 October, the Government had made the regulations in front of the committee today to correct some of the technical points raised in the report, and the 21-day rule was breached so that those amendments could be made before the 2019 regulations came into force. 

Okay. I think if we note that, because in those circumstances, the Government has at least responded to the report that we made and everything that arises from that.

In that case, then, we move on to item 3.2, the Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) (Amendment) Regulations 2019. Again, we have the report, regulations, explanatory memorandum and a letter from the Minister for Environment, Energy and Rural Affairs to the Llywydd, dated 23 October 2019.

These amendments mean that an individual wishing to apply for a certificate of competence may rely on approved training and examination undertaken in the Republic of Ireland as evidence when applying to the competent authority in Wales. This change is required to ensure that Welsh Ministers meet their commitments under the UK-Ireland common travel area. Assembly lawyers, I think, have identified one point on this.

Yes, one merits point on pack page 14, noting that the regulations are subject to the 'made affirmative' procedure, because exit day was expected to be on 31 October 2019 and the Welsh Ministers considered it important to urgently have these regulations in place before exit day. 

Okay, and these will come before Plenary, I think, on 26 November 2019 for debate.

If there are no other items on that, then we'll move on to item 3.3: the Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) (No. 3) Regulations 2019. Again, you have the relevant papers before you. These regulations correct deficiencies in Welsh legislation relating to food and horticulture. They will ensure the statute book in Wales remains up to date and operable once the UK leaves the European Union. And, again, you've identified one point there.


Yes. It's the same merits point as earlier, just noting that the regulations are subject to the 'made affirmative' procedure. 

And again, these will come before the Plenary session of the Assembly on 26 November 2019. 

There are no other items of business. In that case, I'll bring the meeting to a close. The next meeting will be on 18 November, with a 1.30 p.m. start. Thank you very much. 

Daeth y cyfarfod i ben am 14:35.

The meeting ended at 14:35.